Chairman refuses to allow statement in response to charges

Century Radio co-founder Mr Oliver Barry was prevented from completing a statement at the Flood tribunal responding to allegations…

Century Radio co-founder Mr Oliver Barry was prevented from completing a statement at the Flood tribunal responding to allegations made against him.

He was interrupted after the following opening statement: "My reputation has been seriously damaged in the course of the hearings of this tribunal and I want to put on record in my own words my response to the allegations which have been made against me."

Mr Justice Flood had warned him he would only allow him to make a statement if it was not adverse to other parties at the tribunal. "I have no notice of what this statement may or may not contain . . . if I find you in any way acting adversely to the interests of any party which have no notice of what you are about to say I will restrain you."

The statement must be relevant to the proceedings, Mr Justice Flood added, and then allowed Mr Barry to proceed. However, soon after Mr Barry started speaking, Mr Patrick Hanratty SC, for the tribunal, interrupted him and objected.

READ MORE

"I regret, sir, with respect, this looks like a prepared speech which appears to be in writing. In those circumstances I am objecting because we have been given, as I have just indicated to you a moment ago, what appears to be a statement on Friday afternoon which does not contain any new material, and Mr Barry has now indicated that part of what he is now going to say is his answer to what he says are matters which he says damage his reputation."

The tribunal lawyers had been trying to get a statement from Mr Barry for some time, Mr Hanratty said. Until last Friday, when a statement was submitted, Mr Barry had declined to give a statement. He had told tribunal lawyers he was advised he was not obliged to submit a statement, Mr Hanratty said.

"In fairness, sir, I don't think that is fair or reasonable to any of the parties concerned or indeed the tribunal, who have been trying for a very long time to obtain a detailed statement from Mr Barry. And I would ask you not to receive such a statement before at least the tribunal has had an opportunity to consider it," he said.

Mr Justice Flood said he agreed and that Mr Barry's lawyers at the tribunal would ensure his interests were served.

"In any matter which affects you personally your counsel is there to clarify, to bring it to the notice of the tribunal . . . You have complete assurance that whatever you want to say can be said through your counsel at the end of your evidence," he said.

Mr Barry was then cross-examined by Mr Hanratty. Mr James Stafford, who co-founded Century Radio along with Mr Barry, sat in the gallery throughout the hearings yesterday.